(영문) 의정부지방법원 2013.07.18 2013노461

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(영문) 의정부지방법원 2013.07.18 2013노461

업무방해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (a fine of KRW 700,000) is too unreasonable.

B. The sentence imposed by the Prosecutor is too uneasible and unreasonable.

2. Determination:

A. According to the records of the instant case regarding the Defendant’s appeal, the Defendant, on January 31, 2013, was dissatisfied with the lower judgment and received a written notification of the receipt of the trial record from this court on March 8, 2013 after filing an appeal. However, even if the written notification of the receipt of the trial record was received from this court on March 8, 2013, it is recognized that the Defendant did not submit the written notification of the grounds for appeal within 20 days after the lawful period for

Therefore, in accordance with Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, an appeal shall be dismissed by a ruling against the defendant. However, as seen below, inasmuch as a judgment is rendered through pleadings on the appeal against the defendant by the prosecutor, the dismissal of the appeal shall not be separately decided, and the appeal shall be dismissed by a universal judgment. It is so decided as per Disposition

B. The Defendant’s act of determining the appeal by the prosecutor is found to be disadvantageous to the Defendant, such as: (a) taking a bath to the taxi engineer without any particular reason while under the influence of alcohol; (b) taking the keys to the taxi; and (c) obstructing the victim’s taxi operation by locking the door of the taxi; and (c) not having agreed with the victim.

However, in full view of the circumstances favorable to the defendant, such as the fact that the crime of this case was committed contingently, the defendant did not have any specific criminal history other than the previous penalty, and the defendant has a depth of his mistake, etc. In full view of all the factors leading to the crime, including the background leading up to the crime, the age of the defendant, character and conduct, the method of committing the crime, and the circumstances after the crime, etc., the defendant shall be punished.

참조조문

-형사소송법 제361조의3 제1항

-형사소송법 제361조의4 제1항

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